1976-HKRS28-16-24_Part01 — Page 3

Amendment of section 2006).

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(3) Any creditor who has tendered a proof and wishes to oppose the making of an order under subsection (1) shall, within twenty-one days after the date of publication of a notice pursuant to subsection (2), give notice in writing to the Official Receiver of bis intention to oppose the making of an order and may thereafter appear and oppose the making of an order.

(4) Before making an order under subsection (1) the court shall consider a report of the Official Receiver made in the manner prescribed.".

3. Section 2006) of the principal Ordinance is amended by dekling "conclusion of the public examination of the debtor and substituting the following-

"public examination of the debtor has been concluded, or dispensed with under section 19A".

Amendment of vection 24.

4.

Amendment DË section 100L

Audition of

new PRELOA

LEZAL

Section 24 of the principal Ordinance is amended-

(o) in subsection (2) by deleting "not more than five nor less than

three" and substituting the following-

"wo or more"; and

(5) by deleting subsection (9) and substituting the following

5.

"(9) The continuing members of the committee, provided there be not less than two such continuing members, may act notwithstanding any vacancy in their body.".

Section 30(1) of the principal Ordinance is amended by inserting after "concluded the following-

6.

#

or dispensed with under section 19A".

The principal Ordinance is amended by adding after section 112 the following new section-

"Apntication

of OrdinanceC

Lc Sexzhill

bankruptctes,

4 & 5 Gen. 4.

C. 47, I. 129.

112A. (1) Subject to subsection (2), where a petition

is presented by or against a debtor and-

(a) the court receives proof to its satisfaction; or (b) the Official Receiver reports to the court, that the property of the debtor is not likely to exceed in value ten thousand dollars, the court may make an order that the debtor's estate be administered in a summary manner, and thereupon the provisions of this Ordinance shall apply subject to the following modifications-

(i) if the debtor is adjudged bankrupt the Official Receiver shall be the trustee in the bankruptcy; (ii) there shall be no committee of inspection, and the Official Receiver may do all things which may be done by a trustee with the permission of a com- mittee of inspection;

(iii) such other modifications as may be prescribed with a view to saving expense and simplifying procedure. but nothing in this section shall permit the modifica- tion of the provisions of this Ordinance relating to the examination or discharge of the debtor.

7.

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(2) The court may, upon the application of the Official Receiver, at any time before the discharge of the debtor rescind an ordet made under subsection (1) and thereupon the administration shall proceed as if the order had not been made.".

Section 128 of the principal Ordinance is amended-

(a) in subsection (1) by-

( deleũng "the troster," after "Where" and substituting the Following—

"a trusted, other than the Official Receiver.";

(ii) deleting "The Registrar" and substituting the following the Official Receiver"; and

(ii) deleting "Registrar's" and substituting the following

"Official Receiver's"*;

(b) by inserting after subsection (1) the following subsection-

"(IA) Where the Official Receiver is the trustee, and under any bankruptcy, composition or scheme, pursuant to this Ordinance has urider his control any unclaimed dividend which has remained unclaimed for more than six months or where after making a final dividend, he has in his hands or under his control" any unclaimed or undistributed money arising from the property of the debtor, he shall forthwith transfer the same to the Bankruptcy Estates Account.";

(4) in subsection (3) by deleting “Registrar" wherever it occurs and

substituting the following-

"Official Receiver"; and

(d) by deleting subsections (4) and (5) and substituting the following-- 44) After any money bas remained unclaimed in the Bankruptcy Estates Account for a period of five years the Official Receiver may transfer such money to the general revenue of Hong Kong.

(5) Before transferring any money under subsection (4) the Official Receiver may give such notice as he thinks necess- ary to such parties as he may think fit.“.

Passed by the Hong Kong Legislative Council this 7th day of January, 1976,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bili.

Маглей

Clerk to the Legislative Council.

Amendment of SKUDD 120.